Narayan Construction, ... vs The Secretary
2023 Latest Caselaw 4610 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                          REQUEST CASE No.9 of 2023
     ======================================================

Narayan Construction, Proprietor-Anju Kumari Wife of Arunjay Kumar Singh Resident of -Bahuara Bhuiya Vigha, Ledhaanchal, P.S.-Deo, District- Aurangabad, Presently resident at-Sainik Colony, Near ITI School, Dumardaga, P.S.-Khelgaun, P.O.-Soognu, District and Town-Ranchi, Jharkhand.

... ... Petitioner/s Versus

1. The Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer-In-Chief, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

5. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.

... ... Respondent/s ====================================================== with REQUEST CASE No. 10 of 2023 ====================================================== Narayan Construction Proprietor- Anju Kumari, aged about-36 years, Gender- Female, Wife of Arunjay Kumar Singh, Resident of - Bahuara Bhuiya Vigha, Ledhaanchal, P.S.- Deo, District- Aurangabad. Presently residing at- Sainik Colony, Near ITI School, Dumardaga, P.S.- Khelgaun, P.O.- Soognu, District and Town- Ranchi, Jharkhand.

... ... Petitioner/s Versus

1. The Secretary, Rural Works Department, Visheweshraiya Bhawan Bailey Road, Patna.

2. The Engineer-in-Chief, Rural Works Department, Visheweshariya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshariya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

Patna High Court REQ. CASE No.9 of 2023 dt.15-09-2023

5. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.

... ... Respondent/s ====================================================== with REQUEST CASE No. 11 of 2023 ====================================================== Narayan Construction, Proprietor- Anju Kumari, aged about- 36 years, Gender- Female, Wife of Arunjay Kumar Singh, Resident of Bahuara Bhuiya Vigha, Ledhaanchal, P.S.- Deo, District- Aurangabad. Presently residing at- Sainik Colony, Near ITI School, Dumardaga, P.S.- Khelgaun, P.O.- Soognu, District and Town- Ranchi, Jharkhand.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer-in-Chief, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

5. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.

... ... Respondent/s ====================================================== with REQUEST CASE No. 15 of 2023 ====================================================== Narayan Construction Proprietor- Anju Kumari, aged about- 36 years, Gender- Female, Wife of Arunjay Kumar Singh, Resident of- Bahuara Bhuiya Vigha, Ledhaanchal, P.S.- Deo, District- Aurangabad. Presently residing at- Sainik Colony, Near ITI School, Dumardaga, P.S.- Khelgaun, P.O.- Soognu, District and Town- Ranchi, Jharkhand.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer- In- Chief, Rural Works Department, Visheweshraiya Bhawan, Patna High Court REQ. CASE No.9 of 2023 dt.15-09-2023

Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

5. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.

... ... Respondent/s ====================================================== with REQUEST CASE No. 16 of 2023 ====================================================== Narayan Construction, Proprietor- Anju Kumari, aged about- 36 years, Gender- Female, Wife of Arunjay Kumar Singh, Resident of - Bahuara Bhuiya Vigha, Ledhaanchal, P.S.- Deo, District- Aurangabad. Presently residing at- Sainik Colony, Near ITI School, Dumardaga, P.S.- Khelgaun, P.O.- Soognu, District and Town, Ranchi, Jharkhand.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer-In-Chief, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

5. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.

... ... Respondent/s ====================================================== with REQUEST CASE No. 17 of 2023 ====================================================== Narayan Construction Proprietor- Anju Kumari, aged about- 36 years, Gender- Female, Wife of Arunjay Kumar Singh, Resident of- Bahuara Bhuiya Vigha, Ledhaanchal, P.S.- Deo, District- Aurangabad, Presently residing at- Sainik Colony, Near ITI School, Dumardaga, P.S.- Khelgaun, P.O.- Soognu, District and Town- Ranchi, Jharkhand. Patna High Court REQ. CASE No.9 of 2023 dt.15-09-2023

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer-in-Chief, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

5. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.

... ... Respondent/s ====================================================== with REQUEST CASE No. 18 of 2023 ====================================================== Narayan Construction, Proprietor - Anju Kumari, Wife of Arunjay Kumar Singh, Resident of - Bahuara Bhuiya Vigha, Ledhaanchal, P.S.- Deo, District - Aurangabad. Presently residing at - Sainik Colony, Near ITI School, Dumardaga, P.S.- Khelgaun, P.O.- Soognu, District and Town - Ranchi, Jharkhand.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

2. The Engineer-In-Chief, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

3. The Chief Engineer-2, Rural Works Department, Visheweshraiya Bhawan, Bailey Road, Patna.

4. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.

5. The Executive Engineer, Rural Works Department, Works Division, Trivenigang.

... ... Respondent/s ====================================================== Appearance :

(In REQUEST CASE No. 9 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA- 5) Patna High Court REQ. CASE No.9 of 2023 dt.15-09-2023

(In REQUEST CASE No. 10 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA-5) (In REQUEST CASE No. 11 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA- 5) (In REQUEST CASE No. 15 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA- 5) (In REQUEST CASE No. 16 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA- 5) (In REQUEST CASE No. 17 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA- 5) (In REQUEST CASE No. 18 of 2023) For the Petitioner/s : Mr.Lal Babu Singh, Advocate For the Respondent/s : Mr.Ajay (GA- 5) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 15-09-2023

1. Heard learned counsel for the parties.

2. The Request Cases deal with seven different

agreements bearing Nos. 96/SBD/GTSNY/2018-19,

93/SBD/GTSNY/2018-19, 100/SBD/GTSNY/2018-19,

99/SBD/GTSNY/2018-19, 95/SBD/GTSNY/ 2018-19, dated

23.11.2018, 149/SBD/GTSNY/2018-19 dated 09.03.2019 and

98/SBD/GTSNY/2018-19 dated 23.11.2018 and the request is

for appointment of an Arbitrator.

3. Learned counsel for the respondents submits that

there was fraud committed by the petitioner in so far as seven

other contracts of the total fourteen contracts awarded to the

petitioner. The fraud was in so far as producing fraudulent/

forged Bank Guarantees.

Patna High Court REQ. CASE No.9 of 2023 dt.15-09-2023

4. Learned counsel for the petitioner submits that in

the instant seven cases, there is absolutely no such allegation.

5. In any event, this is also a question which can be

considered by the Arbitrator.

6. Today, there is no dispute about-(a) the legality,

validity and binding effect of the written agreements entered

into between the parties to the lis; (b) the existence of

arbitration clause contained therein; (c) the existence of

dispute(s) arising there from; (d) the dispute arising out of the

agreements being civil in nature; (e) no legal impediment in the

adjudication of the dispute by the learned Arbitrator; (f) the

respondents having failed to settle the dispute.

7. In such circumstances, as agreed by the parties,

Hon'ble Mr. Justice Sadanand Mukherjee, a former Judge of

the Patna High Court, is appointed as learned Arbitrator to

adjudicate all disputes arising out of the agreements entered

into between the parties to the lis.

8. All pleas and issues raised, on merits, are left open

to be considered and decided by the learned Arbitrator.

9. The learned Arbitrator shall be entitled to fee as

per the schedule of the Act.

Patna High Court REQ. CASE No.9 of 2023 dt.15-09-2023

10. Since the dispute arises out of the agreements of

the year 2018, the hearing be expedited.

11. The issue of limitation, if any, is left open to be

raised before the Arbitral Tribunal.

12. Joint Registrar (List) is directed to communicate

the order to the learned Arbitrator.

13. Learned counsel for the parties also undertake to

communicate the order to the learned Arbitrator.

14. The Arbitral Tribunal shall issue notice to the

respondents.

15. The Request Petitions stand disposed of in the

above terms.

(K. Vinod Chandran, CJ) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          18.09.2023
Transmission Date